A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 20, 2015, the Defendant, while under the influence of alcohol around 03:20 on March 20, 2015, driven a coo-type car on the 20th road located in the Seocheon-ro, Seocheon-ro, Sucheon-ro, U.S., which was called up at the expense of the traffic accident, was under the influence of alcohol due to the alcohol reduction test conducted by the slope E.

Accordingly, although the above slope E demanded the defendant to respond to a breathem alcohol measuring instrument, the defendant did not comply with the first measurement at around 03:41 on the same day, the second measurement at around 03:49 on the same day, and the third measurement at around 03:5 on the same day without justifiable grounds.

Accordingly, the defendant refused a police officer's demand for a drinking test.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement of reference to the prosecution concerning the F;

1. Report on the main entry and circumstantial statement;

1. Report on internal investigation (Article 148-2 (1) 2 of the Road Traffic Act applies to a police officer's refusal to take a alcohol test) [Article 148-2 (1) 2 of the Road Traffic Act] (Article 148-2 (1) of the Road Traffic Act applies to a police officer's refusal to take a alcohol test in order to verify whether a police officer's refusal to take a alcohol test constitutes a crime of violating the Road Traffic Act (Article 148-2 (1) 2 of the Road Traffic Act) is applicable to a police officer's failure to comply

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the said Act);

1. It shall be decided as ordered on the grounds of probation, order to attend a lecture, Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;